As with the legislative and executive branches, we'll begin our coverage of the judiciary branch with historcial context. The Star Chamber was the name given to a court that was used by monarchs as a tool to control the country, and later under the Stuarts to suppress political dissent. These proceedings were marked by secrecy and the lack of juries. They became another symbol of monarchic abuse and their demise in favor of independent courts was another method by which the executive branch was brought under control.
Assignment: write at least 150 words on each of the folowing questions
1 - Detail exactly what was wrong with the star chamber and why its abuses justified arguments for an independent judiciary.
2 - Outline and evaluate the grievances about abuses of judicial powers in the Declaration of Independence.
3 - What exactly does the Constitution of the U.S. say about the design of the judiciary?
4 - What is judicial review? Why was judicial review argued to belong in the judicial branch? How exactly did the judiciary obtained the power?
The Grievances regarding judicial powers in the Declaration of Independence
- He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.
- He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.
- For protecting them [armed troops], by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states.
- For depriving us, in many cases, of the benefits of trial by jury.
- For transporting us beyond seas, to be tried for pretended offenses.
Week Six
The History and Design of the Judiciary
As with the legislative and executive branches, we'll begin our coverage of the judiciary branch with historcial context. The Star Chamber was the name given to a court that was used by monarchs as a tool to control the country, and later under the Stuarts to suppress political dissent. These proceedings were marked by secrecy and the lack of juries. They became another symbol of monarchic abuse and their demise in favor of independent courts was another method by which the executive branch was brought under control.
Readings:
- British History: The Star Chamber
- Wikipedia: Star Chamber.
- Grievances in the Declaration of Independence(look below for the list)
- Federalist 78.
- Article 3 of the U.S. Constitution
- Judicial Review- From "Exploring Constitutional Conflicts"
- Wikipedia: Judicial Review in the United States.
Assignment: write at least 150 words on each of the folowing questions
1 - Detail exactly what was wrong with the star chamber and why its abuses justified arguments for an independent judiciary.
2 - Outline and evaluate the grievances about abuses of judicial powers in the Declaration of Independence.
3 - What exactly does the Constitution of the U.S. say about the design of the judiciary?
4 - What is judicial review? Why was judicial review argued to belong in the judicial branch? How exactly did the judiciary obtained the power?
The Grievances regarding judicial powers in the Declaration of Independence
- He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.
- He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.
- For protecting them [armed troops], by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states.
- For depriving us, in many cases, of the benefits of trial by jury.
- For transporting us beyond seas, to be tried for pretended offenses.
Due: April 26
email your answers to me.